Text of the Public Safety Employer-Employee Cooperation Act of 2007

This bill was introduced in a previous session of Congress and was passed by the House on July 17, 2007 but was never passed by the Senate. The text of the bill below is as of Jul 20, 2007 (Placed on Calendar in the Senate).

To provide collective bargaining rights for
public safety officers employed by States or their political
subdivisions.

1.

Short title

This Act may be cited as the
Public Safety Employer-Employee
Cooperation Act of 2007.

2.

Findings and
declaration of purpose

Congress finds the following:

(1)

Labor-management
relationships and partnerships are based on trust, mutual respect, open
communication, bilateral consensual problem solving, and shared accountability.
In many public safety agencies it is the union that provides the institutional
stability as elected leaders and appointees come and go.

(2)

State and local
public safety officers play an essential role in the efforts of the United
States to detect, prevent, and respond to terrorist attacks, and to respond to
natural disasters, hazardous materials, and other mass casualty incidents. As
the first to arrive on scene, State and local public safety officers must be
prepared to protect life and property and to preserve scarce and vital Federal
resources, avoid substantial and debilitating interference with interstate and
foreign commerce, and to protect the national security of the United States.
Public safety employer-employee cooperation is essential in meeting these needs
and is, therefore, in the National interest.

(3)

The health and
safety of the Nation and the best interests of public safety employers and
employees may be furthered by the settlement of issues through the processes of
collective bargaining.

(4)

The Federal
Government is in the position to encourage conciliation, mediation, and
voluntary arbitration to aid and encourage employers and the representatives of
their employees to reach and maintain agreements concerning rates of pay,
hours, and working conditions, and to make all reasonable efforts through
negotiations to settle their differences by mutual agreement reached through
collective bargaining or by such methods as may be provided for in any
applicable agreement for the settlement of disputes.

(5)

The potential absence of adequate
cooperation between public safety employers and employees has implications for
the security of employees, impacts the upgrading of police and fire services of
local communities, the health and well-being of public safety officers, and the
morale of the fire and police departments, and can affect interstate and
intrastate commerce.

(6)

Many States and
localities already provide public safety officers with collective bargaining
rights comparable to or greater than the rights and responsibilities set forth
in this Act, and such State laws should be respected.

3.

Definitions

In this Act:

(1)

The term
Authority means the Federal Labor Relations Authority.

(2)

The term
public safety officer—

(A)

means an employee
of a public safety agency who is a law enforcement officer, a firefighter, or
emergency medical services personnel;

(B)

includes an
individual who is temporarily transferred to a supervisory or management
position; and

(C)

does not include a
permanent supervisory or management employee.

(3)

The term
firefighter has the same meaning given the term employee in
fire protection activities defined in section 3 of the Fair
Labor Standards Act (29 U.S.C. 203(y)).

(4)

The term
emergency medical services personnel means an individual who
provides out-of-hospital emergency medical care, including an emergency medical
technician, paramedic, or first responder.

(5)

The term law
enforcement officer has the same meaning given such term in section
1204(5) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796b(5)).

(6)

The term
supervisory employee has the meaning given such term, or a
substantially equivalent term, under applicable State law on the date of
enactment of this Act. In the absence of such State law on the date of
enactment of this Act, the term means an individual, employed by a public
safety employer, who—

(A)

has the authority
in the interest of the employer to hire, direct, assign, promote, reward,
transfer, furlough, lay off, recall, suspend, discipline, or remove public
safety officers, to adjust their grievances, or to effectively recommend such
action, if the exercise of the authority is not merely routine or clerical in
nature but requires the consistent exercise of independent judgment; and

(B)

devotes a
preponderance of employment time exercising such authority.

(7)

The term management employee
has the meaning given such term, or a substantially equivalent term, under
applicable State law in effect on the date of enactment of this Act. If no such
State law is in effect, the term means an individual employed by a public
safety employer in a position that requires or authorizes the individual to
formulate, determine, or influence the policies of the employer.

(8)

The terms
employer and public safety agency mean any State,
political subdivision of a State, the District of Columbia, or any territory or
possession of the United States that employs public safety officers.

(9)

The term
labor organization means an organization composed in whole or in
part of employees, in which employees participate, and the purpose of which is
to represent such employees before public safety agencies concerning
grievances, conditions of employment and related matters.

(10)

The term
substantially provides means substantial compliance with the
rights and responsibilities described in section 4(b).

4.

Determination of
rights and responsibilities

(a)

Determination

(1)

In
general

Not later than 180
days after the date of enactment of this Act, the Authority shall make a
determination as to whether a State substantially provides for the rights and
responsibilities described in subsection (b). In making such determinations,
the Authority shall consider the opinion of affected employers and labor
organizations. Where the Authority is notified by an employer and an affected
labor organization that both parties agree that the law applicable to such
employer and labor organization substantially provides for the rights and
responsibilities described in subsection (b), the Authority shall give such
agreement weight to the maximum extent practicable in making its determination
under this subsection.

(2)

Subsequent
determinations

(A)

A determination made
pursuant to paragraph (1) shall remain in effect unless and until the Authority
issues a subsequent determination, in accordance with the procedures set forth
in subparagraph (B).

(B)

An employer or a labor organization
may submit a written request for a subsequent determination, on the basis of a
material change in State law or its interpretation. If the Authority determines
that a material change in State law or its interpretation has occurred, the
Authority shall issue a subsequent determination not later than 30 days after
receipt of such request.

(3)

Judicial
review

Any person aggrieved by a determination of the Authority
under this section may, during the 60-day period beginning on the date on which
the determination was made, petition any United States Court of Appeals in the
circuit in which the person resides or transacts business or in District of
Columbia circuit, for judicial review. In any judicial review of a
determination by the Authority, the procedures contained in section 7123(c) of
title 5, United States Code, shall be followed.

(b)

Rights and
Responsibilities

In making a determination described in
subsection (a), the Authority shall consider a State’s law to provide adequate
rights and responsibilities unless such law fails to substantially provide
rights and responsibilities comparable to or greater than each of the
following:

(1)

Granting public
safety officers the right to form and join a labor organization, which may
exclude management and supervisory employees, that is, or seeks to be,
recognized as the exclusive bargaining representative of such employees.

(2)

Requiring public
safety employers to recognize the employees’ labor organization (freely chosen
by a majority of the employees), to agree to bargain with the labor
organization, and to commit any agreements to writing in a contract or
memorandum of understanding.

(3)

Providing for
bargaining over hours, wages, and terms and conditions of employment.

(4)

Making available
an interest impasse resolution mechanism, such as fact-finding, mediation,
arbitration, or comparable procedures.

(5)

Requiring
enforcement through State courts of—

(A)

all rights,
responsibilities, and protections provided by State law and enumerated in this
subsection; and

(B)

any written
contract or memorandum of understanding.

(c)

Failure To Meet
Requirements

(1)

In
general

If the Authority determines, acting pursuant to its
authority under subsection (a), that a State does not substantially provide for
the rights and responsibilities described in subsection (b), such State shall
be subject to the regulations and procedures described in section 5.

(2)

Effective
date

Paragraph (1) shall
apply in each State on the later of—

(A)

2 years after the
date of enactment of this Act; or

(B)

the date of the
end of the first regular session of the legislature of that State that begins
after the date of the enactment of this Act.

5.

Role of the
authority

(a)

In
General

Not later than 1 year after the date of the enactment of
this Act, the Authority shall issue regulations establishing procedures which
provide the rights and responsibilities described in section 4(b) for public
safety employers and officers in States which the Authority has determined,
acting pursuant to its authority under section 4(a), do not substantially
provide for such rights and responsibilities.

(b)

Role of the
Federal Labor Relations Authority

The Authority, to the extent
provided in this Act and in accordance with regulations prescribed by the
Authority, shall—

(1)

determine the
appropriateness of units for labor organization representation;

(2)

supervise and
conduct elections to determine whether a labor organization has been selected
as an exclusive representative by a voting majority of the employees in an
appropriate unit;

(3)

resolve issues
relating to the duty to bargain in good faith;

(4)

conduct hearings
and resolve complaints of unfair labor practices;

(5)

resolve exceptions
to the awards of arbitrators;

(6)

protect the right
of each employee to form, join, or assist any labor organization, or to refrain
from any such activity, freely and without fear of penalty or reprisal, and
protect each employee in the exercise of such right;

(7)

if the Authority
finds that any State is not in compliance with the regulations prescribed under
subsection (a), direct compliance by such State by order; and

(8)

take such other
actions as are necessary and appropriate to effectively administer this Act,
including issuing subpoenas requiring the attendance and testimony of witnesses
and the production of documentary or other evidence from any place in the
United States, and administering oaths, taking or ordering the taking of
depositions, ordering responses to written interrogatories, and receiving and
examining witnesses.

(c)

Enforcement

(1)

Petition by
Authority

If a State fails to comply with a final order issued by
the Authority, the Authority shall petition any United States Court of Appeals
with jurisdiction over the parties or the United States Court of Appeals for
the District of Columbia Circuit to enforce any final orders under this
section, and for appropriate temporary relief or a restraining order. Any
petition under this section shall be conducted in accordance with section
7123(c) and (d) of title 5, United States Code, except that any final order of
the Authority with respect to questions of fact shall be found to be conclusive
unless the court determines that the Authority’s decision was arbitrary and
capricious.

(2)

Right of
action

Unless the Authority
has filed a petition for enforcement as provided in paragraph (1), any
interested party shall have the right to file suit against any political
subdivision of a State, or, if the State has waived its sovereign immunity,
against the State itself, in any district court of the United States of
competent jurisdiction to enforce compliance with the regulations issued by the
Authority pursuant to subsection (b), to enforce compliance with any order
issued by the Authority pursuant to this section, or to enforce section 6 of
this Act. The right provided by this paragraph to bring a suit to enforce
compliance with any order issued by the Authority pursuant to this section
shall terminate upon the filing of a petition seeking the same relief by the
Authority under paragraph (1).

6.

Strikes and
lockouts prohibited

Notwithstanding any rights or
responsibilities provided under State law or under regulations issued by the
Authority under section 5—

(1)

a public safety employer may not engage in
a lockout of public safety officers;

(2)

public safety
officers may not engage in a strike against such public safety employer;
and

(3)

a labor organization may not call for a
strike by public safety officers against their public safety employer.

7.

Existing
collective bargaining units and agreements

This Act and the regulations issued under
this Act shall not be construed to invalidate a certification, recognition,
collective bargaining agreement, or memorandum of understanding which has been
issued, approved, or ratified by any public employee relations board or
commission or by any State or political subdivision or its agents (management
officials) in effect on the day before the date of enactment of this Act, or
the results of any election held before the date of enactment of this
Act.

8.

Construction,
compliance, and enforcement

(a)

Construction

Nothing
in this Act or the regulations issued under this Act shall be construed—

(1)

to preempt or
limit the remedies, rights, and procedures of any law of any State or political
subdivision of any State or jurisdiction that substantially provides greater or
comparable rights and responsibilities described in section 4(b);

(2)

to prevent a State
from enforcing a State law which prohibits employers and labor organizations
from negotiating provisions in a labor agreement that require union membership
or payment of union fees as a condition of employment;

(3)

to preempt any
State law in effect on the date of enactment of this Act that substantially
provides for the rights and responsibilities described in section 4(b) solely
because—

(A)

such State law
permits an employee to appear in his or her own behalf with respect to his or
her employment relations with the public safety agency involved;

(B)

such State law
excludes from its coverage employees of a state militia or national
guard;

(C)

such rights and responsibilities have not
been extended to other categories of employees covered by this Act, in which
case the Authority shall only exercise the powers provided in section 5 of this
Act with respect to those categories of employees who have not been afforded
the rights and responsibilities described in section 4(b); or

(D)

such laws or ordinances provide that a
contract or memorandum of understanding between a public safety employer and a
labor organization must be presented to a legislative body as part of the
process for approving such contract or memorandum of understanding;

(4)

to permit parties
subject to the National Labor Relations Act (29 U.S.C. 151
et seq.) and the regulations under such Act to negotiate provisions that would
prohibit an employee from engaging in part-time employment or volunteer
activities during off-duty hours;

(5)

to require a State to rescind or preempt
laws or ordinances of any of its political subdivisions if such laws
substantially provide rights and responsibilities for public safety officers
that are comparable to or greater than the rights and responsibilities
enumerated in section 4(b) of this Act; or

(6)

preempt any State
law that substantially provides for the rights and responsibilities described
in section 4(b) solely because such law does not require bargaining with
respect to pension and retirement benefits.

(b)

Partial
exemption

A State may exempt
from its State law, or from the requirements established under this Act, a
political subdivision of the State that has a population of less than 5,000 or
that employs fewer than 25 full time employees. For purposes of this
subsection, the term employees includes each individual employed
by the political subdivision except any individual elected by popular vote or
appointed to serve on a board or commission.

(c)

Enforcement

Notwithstanding
any other provision of the Act, and in the absence of a waiver of a State’s
sovereign immunity, the Authority shall have the exclusive power to enforce the
provisions of this Act with respect to public safety officers employed by a
State.

9.

Authorization of
appropriations

There are
authorized to be appropriated such sums as may be necessary to carry out the
provisions of this Act.